It is the purpose and intent of this chapter to regulate the locations and operations of medical marijuana collectives/cooperatives in order to promote the health, safety, and general welfare of residents and businesses within the city. It is neither the intent nor the effect of this chapter to condone or legitimize the use or possession of marijuana except as allowed by California law.

(Ord. No. 12-224, § 2, 2-21-2012)

For the purpose of this chapter, the following words and phrases shall have the following meanings:

A.

Drug paraphernalia. As defined in California Health and Safety Code Section 11364.5, and as may be amended from time to time.

B.

Identification card. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

C.

Medical marijuana collectives and cooperatives.

1.

Collective or cooperative shall be as defined by California statute or determined by case law and may include any facility or location where the primary purpose is to dispense medical marijuana that has been recommended by a physician, and where medical marijuana is made available to or distributed by or to a primary caregiver or a qualified patient in strict accordance with California Health and Safety Code Section 11362.5 et seq. A collective or cooperative shall not include dispensing by primary caregivers to qualified patients in the following locations, so long as the location of the clinic, health care facility, hospice, or residential care facility is otherwise permitted by the Shasta Lake Municipal Code or by applicable state laws:

a.

A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;

b.

A health care facility licensed pursuant to Chapter Two of Division 2 of the California Health and Safety Code;

c.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code;

d.

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code;

e.

A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code; provided that any such clinic, health care facility, hospice or residential care facility complies with applicable laws, including, but not limited to, Health and Safety Code Section 11362.5.

D.

Person. An individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability company, or combination of the above in whatever form or character.

E.

Person with an identification card. As set forth in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

F.

Physician. A licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code.

G.

Primary caregiver. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

H.

Qualified patient. As defined in California Health and Safety Code Section 11362.5 et seq., and as may be amended from time to time.

I.

School. An institution of learning for minors, whether public or private, offering a regular course of instruction required by the California Education Code. This definition includes an elementary school, middle or junior high school, senior high school, or any special institution of education for persons under the age of eighteen (18) years, whether public or private.

J.

Storefront. A store or other commercial building at ground level that has frontage on a public street.

(Ord. No. 12-224, § 2, 2-21-2012)

An owner/operator of a collective or cooperative shall be required to apply for and obtain a seller's permit, as required by the State Board of Equalization.

(Ord. No. 12-224, § 2, 2-21-2012)

A.

Allowable Zoning for Collectives/Cooperatives. A collective or cooperative may be located within the Community Commercial (C-2) zone district on State Route 151 (SR 151) between the Ashby Road and Cascade Boulevard.

A collective or cooperative may be located within the Village Commercial (VC) zone district on properties abutting SR 151.

B.

Storefront Locations. A collective or cooperative shall be located only in a visible store-front type location which provides good public views of the collective/cooperative entrance, its windows, and the entrance to the collective/cooperative premises from a public street.

C.

Areas Where Collectives/Cooperatives are not Allowed. Notwithstanding subparagraph (A) above, a collective or cooperative shall not be allowed in the following locations or zones:

1.

On a parcel located within one thousand (1,000) feet of a school when on the same side of the street of SR 151 and at least six hundred (600) feet when on the opposite side of SR 151; or

2.

On a parcel located within one thousand (1,000) feet of a day care center, day care home, recreation center, youth center, library or a public park when on the same side of the street of SR 151 and at least five hundred (500) feet when on the opposite side of SR 151; or

3.

On a parcel located within nine hundred (900) feet of another collective or cooperative.

D.

Locational Measurements. The distance between a collective or cooperative and the above-listed uses shall be made in a straight line from any parcel line of the real property on which the collective or cooperative is located to the parcel line of the real property on which the facility, building, or structure, or portion of the building or structure, in which the above-listed use occurs or is located.

(Ord. No. 12-224, § 2, 2-21-2012; Ord. No. 16-245, § 3, 4-19-2016)

Collective/cooperative operations shall be maintained only in compliance with the following day-to-day operational standards:

A.

Criminal History. A collective/cooperative owner/operator, his or her agent or employees, volunteer workers, or any person exercising managerial authority over a collective/cooperative on behalf of the owner/operator shall not have been convicted of or be on probation or parole for the sale or distribution of a controlled substance.

B.

Minors. It is unlawful for any collective/cooperative, owner/operator, or other person in charge of any collective/cooperative to employ any person who is not at least eighteen (18) years of age. Persons under the age of eighteen (18) shall not be allowed on the premises of a collective/cooperative unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian. The entrance to a collective/cooperative shall be clearly and legibly posted with a notice indicating that persons under the age of eighteen (18) are precluded from entering the premises unless they are a qualified patient or a primary caregiver, and they are in the presence of their parent or guardian.

C.

Collective/Cooperative Access. The following restrictions shall apply to all collectives/cooperatives:

1.

The entrance area of the collective/cooperative building shall be strictly controlled. A viewer or video camera shall be installed in the door that allows maximum angle of view of the exterior entrance.

2.

Only primary caregivers and qualified patients shall be allowed in the designated dispensing area along with collective/cooperative personnel.

D.

Collective/Cooperative Operations. The following restrictions shall apply to all operations by a collective/cooperative:

1.

Floor Layout. A collective/cooperative shall have a lobby waiting area at the entrance to the collective/cooperative to receive clients, and a separate and secure designated area for dispensing medical marijuana to qualified patients or designated caregivers. The primary entrance shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways.

2.

Storage. A collective/cooperative shall have suitable locked storage on site, for after-hours storage of medical marijuana.

3.

Security. A collective/cooperative shall provide adequate security on the premises, including provisions for adequate lighting and alarms, in order to ensure the safety of persons and to protect the premises from theft.

4.

Security Cameras. Security surveillance cameras shall be installed to monitor the main entrance and exterior of the premises to discourage loitering, crime, illegal or nuisance activities. Security video shall be maintained for a period of not less than seventy-two (72) hours.

5.

Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the collective/cooperative at all times.

6.

A collective/cooperative shall meet all the operating criteria for the dispensing of medical marijuana as is required pursuant to California Health and Safety Code Section 11362.5 et seq.

7.

Odors Control. A collective/cooperative shall have an air treatment system that ensures off-site odors shall not result.

8.

Operating Hours. A collective/cooperative may operate seven (7) days per week between the hours of 8:00 a.m. to 8:00 p.m.

9.

A collective/cooperative shall dispense only to qualified patients or primary caregivers with a currently valid physician's recommendation in compliance with the criteria in California Health and Safety Code Section 11362.5 et seq. Collectives/cooperatives shall require such persons to provide valid official identification, such as a department of motor vehicles driver's license or State Identification Card.

10.

Prior to dispensing medical marijuana, the collective/cooperative shall obtain a verification from the recommending physician's office personnel that the individual requesting medical marijuana is or remains a qualified patient pursuant to California Health and Safety Code Section 11362.5 et seq.

11.

A collective/cooperative shall not have a physician on-site to evaluate patients and/or provide a recommendation for the use of medical marijuana.

12.

No person shall maintain, use, or operate a vending machine on the premises which dispenses marijuana to a qualified patient or primary caregiver.

E.

Consumption Restrictions. The following medical marijuana consumption restrictions shall apply to all collectives and cooperatives:

1.

Marijuana shall not be smoked, ingested or otherwise consumed by any individual on the premises of the collective/cooperative. The term "premises" includes the actual building, as well as any accessory structures, parking lot or parking areas, or other surroundings within two hundred (200) feet of the collective/cooperative's entrance.

2.

Collective/cooperative operations shall not result in illegal re-distribution of medical marijuana or any controlled substance obtained from the collective/cooperative, or use or distribution in any manner which violates state law.

F.

Retail Sales and Cultivation.

1.

No marijuana shall be cultivated on the premises of the collective/cooperative, except in compliance with Health and Safety Code Section 11362.5 et seq.

2.

A collective/cooperative shall acquire medical marijuana only from their constituent members, because only marijuana grown by a qualified patient or his/her primary caregiver may lawfully be transported by, or distributed to, other members of a collective or cooperative.

3.

A collective/cooperative shall not cultivate, distribute or sell medical marijuana for a profit.

4.

A collective/cooperative shall not sell or display any drug paraphernalia or any implement that may be used to administer medical marijuana with the exception of:

a.

Pipes. For purposes of this section, "pipe" shall mean a small, hand-held burning device that holds a burning, dried marijuana leaf in a small cup at one end, while user uses lips to draw smoke through a small cylinder attached to the side of the bowl.

b.

Rolling papers: For purposes of this section, "rolling paper" shall mean small sheets, rolls, or leaves of paper for rolling one's own cigarettes.

5.

A collective cooperative shall not conduct or engage in the commercial sale, trade, barter, exchange or provision of any product, good or service other than medical marijuana pursuant to the terms and conditions consistent with this chapter and applicable law.

6.

A collective/cooperative shall comply with all the operating criteria for the dispensing of medical marijuana as is required pursuant to California Health and Safety Code Section 11362.5 et seq.

G.

Reserved.

H.

Collective/Cooperative Signage and Notices.

1.

A notice shall be clearly and legibly posted in the collective/cooperative indicating that smoking, ingesting or consuming marijuana on the premises or in the vicinity of the collective/cooperative is prohibited.

2.

Signs on the premises shall not obstruct the entrance or windows.

3.

Address identification shall comply with local fire protection district address sign requirements.

4.

Business identification signage shall comply with Shasta Lake Municipal Code Section 17.84.050 and shall be limited to that needed for identification only, consisting of a single window sign or wall sign that shall not exceed six square feet or ten percent of the window area, whichever is less.

I.

Employee Records. Each owner/operator of a collective/cooperative shall maintain a current register of the names of all volunteers and employees currently working at or employed by the collective/cooperative, and shall disclose such registration for inspection by any city officer or official, but only for the purposes of determining compliance with the requirements of this chapter.

J.

Patient Records. A collective/cooperative shall maintain confidential health care records of all patients and primary caregivers using only the identification card number issued by the county, or its agent, pursuant to California Health and Safety Code Section 11362.71 et seq., as a protection of the confidentiality of the cardholders, or a copy of the written recommendation from a physician stating the need for medical marijuana under California Health and Safety Code Section 11362.5 et seq.

K.

Staff Training. Collective/cooperative staff shall receive appropriate training for their intended duties to ensure understanding of rules and procedures regarding dispensing in compliance with state and local law, and properly trained or professionally-hired security personnel.

L.

Site Management.

1.

The owner/operator of the establishment shall take all necessary steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours, if directly related to the patrons of the subject collective/cooperative.

2.

The owner/operator of the establishment shall take all necessary steps to reduce loitering in public areas, sidewalks, alleys and areas surrounding the premises and adjacent properties during business hours.

3.

The owner/operator of the establishment shall provide patients with a list of the rules and regulations governing medical marijuana use and consumption within the city.

M.

Trash, Litter, Graffiti.

1.

The owner/operator shall clear the sidewalks adjoining the premises plus ten feet beyond property lines along the street, as well as any parking lots under the control of the operator, as needed to control litter, debris and trash.

2.

The owner/operator shall remove all graffiti from the premises and parking lots under the control of the operator within twenty-four (24) hours of its application.

N.

Compliance with Other Requirements. The collective/cooperative operator shall comply with all provisions of all local, state or federal laws, regulations or orders.

O.

Alcoholic Beverages. No collective/cooperative shall hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises that sells alcoholic beverages. No alcoholic beverages shall be allowed or consumed on the premises.

P.

Parking Requirements. Collectives and cooperatives shall be considered general retail (enclosed) uses relative to the parking requirements imposed by Shasta Lake Municipal Code Section 17.86.140.

Q.

Inspection Authority. City of Shasta Lake Development Services Department staff may inspect every medical marijuana collective/cooperative at any time during regular business hours to ensure compliance with the provisions of this chapter.

(Ord. No. 12-224, § 2, 2-21-2012)

A.

Those collectives/cooperatives which were authorized by the city prior to the date of the adoption of the ordinance enacting this chapter shall be deemed pre-existing legal uses of real property upon which they are situated.

B.

The collective/cooperative shall be subject to the requirements for nonconforming uses of Shasta Lake Municipal Code Chapter 17.90.

(Ord. No. 12-224, § 2, 2-21-2012)